Delhi High Court
National Insurance Co. Ltd. vs Vijay Bhardwaj & Ors. on 1 February, 2012
Author: G.P. Mittal
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 1st February, 2012
+ MAC. APP. No.219/2009
NATIONAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. Pradeep Gaur with Mr.
Amit Gaur & Ms. Mansi Gaur,
Advocates.
versus
VIJAY BHARDWAJ & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. Six Claim Petitions arising out of Suit Nos.280/07, 281/07,
282/07, 284/07, 285/07 & 289/07 came to be decided by a
common judgment dated 31.10.2008 by the Motor Accident
Claims Tribunal (the Claims Tribunal) whereby compensation
of various sums were awarded in favour of the Claimants. In
Suit bearing No.281/07 titled Vijay Bhardwaj @ Vijay Prakash
Bhardwaj v. National Insurance Co. Ltd. & Ors., the Claims
Tribunal directed the Insurance Company to deposit the sum of
` 13,60,000/- along with interest @ 7.5% from the date of filing
of the Appeal till its realization.
2. An application under Section 152 of the Code of Civil
Procedure was moved by the Appellant National Insurance Co.
Ltd. to apportion the award amount in terms of the judgment of
the Supreme Court in National Insurance Co. Ltd. v. Anjana
Shyam & Ors., (2007) 7 SCC 445. The application, although,
was allowed by the Claims Tribunal by an order dated
13.01.2009 yet in fact no apportionment was made.
3. There is no dispute about the proposition of law, which is well
settled as per Anjana Shyam (supra) that where persons more
than the carrying capacity of a vehicle are carried by the driver/
owner of the vehicle, the liability of the Insurance Company
will be limited to the number of passengers, which the owner
was authorized to carry. In the instant case the carrying
capacity of the offending vehicle No.JK-02G-6881 was 5
passengers. In Anjana Shyam (supra) it was held that if the
vehicle, which carries passengers more than the carrying
capacity, meets with an accident the Insurance Company cannot
be asked to pay compensation for more passengers than the
carrying capacity. It was observed that the Insurance Company
shall be required to deposit the amount of compensation limited
to the carrying capacity only pertaining to the petitions where
maximum amount has been awarded, which shall be
apportioned equitably amongst all the persons entitled to the
compensation. In this view of the matter the Claims Tribunal
was under obligation to take into consideration the amount
awarded not only by the judgment dated 31.10.2008 but also the
amount awarded in respect of the four petitions by the Claims
Tribunal, Jaipur.
4. The Insurance Company has already deposited the
compensation, which was the highest (in Suit No.281/07) before
the Claims Tribunal. The impugned judgment is set-aside with
the direction to the Tribunal to apportion the amount equitably
payable in favour of the Claimants in all the six suits as per the
judgment of the Supreme Court in Anjana Shyam (supra). The
Appellant National Insurance Company Ltd. is further directed
to place before the Claims Tribunal, Delhi the copies of the
judgment passed by the Claims Tribunal in four Claim Petitions
at Jaipur. The Claims Tribunal shall be at liberty to issue notice
to the Respondents/ Claimants of the six petitions to facilitate
for apportionment of the award amount.
5. The parties are directed to appear before the Claims Tribunal on
06.03.2012.
6. The Appeal is allowed in above terms.
7. The statutory amount of ` 25,000/-, if deposited by the
Appellant, shall be refunded.
(G.P. MITTAL)
JUDGE
FEBRUARY 1, 2012
hs
